Northern Territory

Legislation and policies/guidelines

Summary of requirements

A person who unlawfully possesses a thing (other than a hypodermic syringe or needle) for use in the administration of a dangerous drug is guilty of an offence.

Queensland

Legislation and policies/guidelines

Criminal Code 1995

Summary of requirements

s280 (3) excludes the possession of a needle from the offence of possessing a thing in relation to the administration of a dangerous drug.

South Australia

Legislation and policies/guidelines

Controlled Substances Act 1984

Controlled Substances (Exemptions) Regulations 2004

Summary of requirements

s31. Prohibition of possession or consumption of drug of dependence and prohibited substance

(1) A person must not—

(c) have in his or her possession any piece of equipment for use in connection with the smoking, consumption or administration of such a drug or substance, or the preparation of such a drug or substance for smoking, consumption or administration.
(3) Nothing in this section renders unlawful the possession of a drug of dependence or any equipment by—

(a) a medical practitioner, dentist, veterinary surgeon, pharmacist or nurse acting in the ordinary course of his or her profession; or

(c) a person for or to whom the drug has been lawfully prescribed or supplied; or

(d) a person licensed to have the drug or equipment in his or her possession by the Minister

s4 Exemption from prohibition of possession of injecting equipment

Section 31(1)(c) of the Act does not apply to a person having in his or her possession a syringe or needle for use in connection with the administration of a drug of dependence or a prohibited substance.Top of page

Tasmania

Legislation and policies/guidelines

HIV/AIDS Preventive Measures Act 1993

Summary of requirements

s37. A person who is in possession of a syringe or needle is not, by reason only of that possession, taken to have committed an offence under the Misuse of Drugs Act 2001 or Poisons Act 1971.

Possession of trace elements of certain substances (s38).

In this section,

"substance" means –

a controlled substance; or

a narcotic substance or raw narcotic that is not a controlled substance.

A person who is in possession of any trace element of a substance that is contained in a syringe or needle is not, by reason only of that possession, taken to have committed an offence under the Misuse of Drugs Act 2001 or Poisons Act 1971.

Victoria

Legislation and policies/guidelines

No specific legislation exists.

Summary of requirements

s75 of the Drugs, Poisons and Controlled Substances Act 1981 makes using a drug of dependence an offence. While carrying a syringe is not an offence, there is a concern that possession of such may support the above offence.

Western Australia

Legislation and policies/guidelines

Public Transport Authority Regulations 2003

Summary of requirements

s21. Possessing certain things prohibited

A person, other than an authorised person, a security offi cer or a member of the Police Force in the proper exercise of his or her duties, who, without lawful excuse, possesses any one or more of the following things on or in Authority property commits an offence

(b) a syringe other than a syringe for the administration by or for a person of a medication obtained by prescription;